Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - When title and possession have already been decided, claim of petitioners is thus, without any substantive basis - Merely because their second appeal is pending, same cannot be a ground to obstruct the execution of decree of plaintiff...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction order - Objections by co-owner u/s 47 CPC - Co-owner was neither D.H. nor J.D. - If in execution, possession is delivered to D.H. then ownership rights of co-owners are not extinguished - If after delivery of possession to D.H. any right, title or interest of co-owner is prejudiced or adversely affected, there..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - List of witnesses alongwith gist of evidence of each such witness has to be carried out in respect of only those witnesses, for procuring whose attendance the party needs the assistance of the Court...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- List of witnesses - If a party of its own, without issuing summons from Court, wants to examine a witness then same cannot be disallowed for the reason that his name is not mentioned in the list provided earlier...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - If a party wants to examine himself after examination of other witnesses, Court will frown upon it and before permitting to examine him, will see that there exists valid reason for doing so - Even oral request of a party may be considered for this purpose...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance proceedings - Proceedings initiated u/s 125 Cr.P.C are summary in nature - Findings in these proceedings do not have a binding effect on any other civil or criminal Court...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Husband sought quashing of FIR on the ground that wife is not legally wedded wife as per proceedings u/s 125 Cr.P.C - However, findings in these proceedings do not have a binding effect on any other civil or criminal Court - Moreover, said issue is not to be..........
Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Provisions of CPC are applicable to proceedings before Family Court and thus Family Court has jurisdiction to entertain an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An error, which is not self evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of record justifying Court to exercise its power of review U.O.47.R.1 CPC...........
